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The maker of Nutella will be the goal of the customer course motion filed on Tuesday alleging the company falsely markets its hazelnut spread as healthy for children despite the fact that the item is loaded with saturated fat and processed sugar.

Filed within the U.S. District Court for your Southern District of California, the lawsuit alleges that Ferrero USA Inc. violates California buyer protection legal guidelines by representing that the spread is really a wholesome, nutritious and balanced breakfast for kids. The title plaintiff, Athena Hohenberg, may be the mom of a four-year-old youngster.

The lawsuit claims violations of California’s legal guidelines pertaining to unfair competition and false advertising. It also alleges breach of guarantee and seeks injunctive relief and compensatory and punitive damages. The purported class comprises all consumers who bought Nutella beginning in January 2000.

Ferrero USA declined to comment particularly concerning the lawsuit. Elise Titan, a spokeswoman for that company, stated, "We stand behind the high quality and components of Nutella hazelnut spread as well as the advertising of our item." Ferrero USA is based in Somerset, N.J. The company’s items include Ferrero Chocolates and Tic-Tac breath mints.

Hohenberg is represented by San Diego solo practitioner Ronald Marron, who couldn’t be reached for comment.

The lawsuit alleges that Hohenberg purchased Nutella after she saw commercials displaying moms serving their kids the product and declaring that the spread was a wholesome and nutritious breakfast.

"Nutella, however, contains 70% saturated fat and processed sugar by weight," the complaint reads. "Both of these ingredients significantly contribute to America’s alarming increases in childhood obesity, which can lead to life-long health problems." The complaint alleges that the plaintiff was "shocked" when she learned that Nutella was not healthy and "was the next best thing to a candy bar."